On July 14, 2018 a
Motion-Secondary
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
--------------- -------- -=---
-----X
PAMELA GOLDSTEIN,
ELLYN & TONY BERK, AFFIDAVIT IN SUPPORT
and PAUL BENJAMIN, on behalf of themselves
and all others similarly situated, Index No. 60767/2018
Plaintiffs, Hon. Linda S. Jamieson
-against-
HOUL1HAN/LAWRENCE INC.,
Defendant.
---------- ------------------------ -X
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
NICOLE CORRADO, being duly sworn, deposes and says:
1. At all times relevant to the facts asserted in this affidavit I was the Executive
Assistant to The Gino Bello Homes Sales Team.
2. I make this affidavit based on my personal knowledge as a result of my position
as the Executive Assistant to The Gino Bello Homes Sales Team.
3. I worked on plaintiff Pamela Goldstein's transaction, and had access to
documents relating to the transaction.
4. On March 29, 2017, I provided Ms. Goldstein a set of disclosures and
informational documents, including the statutory disclosure form required by Section 443. That
same day, Ms. Goldstein returned to me, by fax, the executed disclosure form annexed hereto
and marked as Exhibit 1. The form Ms. Goldstein returned did not include the handwritten agent
names for Dan Cezimbra and Gino Bello as shown on the second page of Exhibit 1. I added
those names to the fax I received from Ms. Goldstein.
1 of 3
FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 10/30/2018
5. Attached as Exhibit 2 is the executed Purchase Agreement for Ms. Goldstein's
purchase of the residential property located at 6 Wellington Terrace, White Plains, NY 10607.
6. Attached as Exhibit 3 is the Exclusive Right to Sell Agreement, executed by Gino
Bello and the sellers of the property Ms. Goldstein purchased.
WHEREFORE, your deponent respectfully requests that this Court grant Defendant's
instant motion to dismiss in its entirety, together with such other. further and different relief as
this Court may deem just and proper in the circumstances and the costs and disbursements of this
motion.
Nicole Corrado
to before me this
day of October, 2018
NOTARY PUBLIC
VERONICA L
Pubho, State of New York
Notary
Registration No. 01CO6273993
Qualified InWestchester County
Expkes December 24, 2020
Commission
2 of 3
FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 10/30/2018
Certificate of Counsel
Pursuant to Rule 17 of the Commercial Division Rules
I, Philip M. Halpern, counsel for Defendant who is
filing
the within document, hereby
certify, pursuant to Rule 17 of the Commercial Division Rules, that the word count for the
foregoing document, excluding the caption, table of contents, table of authorities, and signature
is words. This document therefore complies with the which limits
block, 10% rule, briefs,
memoranda, affinnations, and affidavits to 7,000 words. I certify that this is the word count
Microsoft Word 2010 generated for this document.
Dated: White Plains, New York
October 30, 2018
COLLIER HALPERN & NEWBERG, LLP
By:
Philip M. Halpem
A Member of the Firm
One North Lexington Avenue
White Plains, New York 10601
(914) 684-6800
Attorneys for Defendant
3 of 3
Document Filed Date
October 30, 2018
Case Filing Date
July 14, 2018
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------- -------- -=--- -----X PAMELA GOLDSTEIN, ELLYN & TONY BERK, AFFIDAVIT IN SUPPORT and PAUL BENJAMIN, on behalf of themselves and all others similarly situated, Index No. 60767/2018 Plaintiffs, Hon. Linda S. Jamieson -against- HOUL1HAN/LAWRENCE INC., Defendant. ---------- ------------------------ -X STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) NICOLE CORRADO, being duly sworn, deposes and says: 1. At all times relevant to the facts asserted in this affidavit I was the Executive Assistant to The Gino Bello Homes Sales Team. 2. I make this affidavit based on my personal knowledge as a result of my position as the Executive Assistant to The Gino Bello Homes Sales Team. 3. I worked on plaintiff Pamela Goldstein's transaction, and had access to documents relating to the transaction. 4. On March 29, 2017, I provided Ms. Goldstein a set of disclosures and informational documents, including the statutory disclosure form required by Section 443. That same day, Ms. Goldstein returned to me, by fax, the executed disclosure form annexed hereto and marked as Exhibit 1. The form Ms. Goldstein returned did not include the handwritten agent names for Dan Cezimbra and Gino Bello as shown on the second page of Exhibit 1. I added those names to the fax I received from Ms. Goldstein. 1 of 3 FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 10/30/2018 5. Attached as Exhibit 2 is the executed Purchase Agreement for Ms. Goldstein's purchase of the residential property located at 6 Wellington Terrace, White Plains, NY 10607. 6. Attached as Exhibit 3 is the Exclusive Right to Sell Agreement, executed by Gino Bello and the sellers of the property Ms. Goldstein purchased. WHEREFORE, your deponent respectfully requests that this Court grant Defendant's instant motion to dismiss in its entirety, together with such other. further and different relief as this Court may deem just and proper in the circumstances and the costs and disbursements of this motion. Nicole Corrado to before me this day of October, 2018 NOTARY PUBLIC VERONICA L Pubho, State of New York Notary Registration No. 01CO6273993 Qualified InWestchester County Expkes December 24, 2020 Commission 2 of 3 FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 10/30/2018 Certificate of Counsel Pursuant to Rule 17 of the Commercial Division Rules I, Philip M. Halpern, counsel for Defendant who is filing the within document, hereby certify, pursuant to Rule 17 of the Commercial Division Rules, that the word count for the foregoing document, excluding the caption, table of contents, table of authorities, and signature is words. This document therefore complies with the which limits block, 10% rule, briefs, memoranda, affinnations, and affidavits to 7,000 words. I certify that this is the word count Microsoft Word 2010 generated for this document. Dated: White Plains, New York October 30, 2018 COLLIER HALPERN & NEWBERG, LLP By: Philip M. Halpem A Member of the Firm One North Lexington Avenue White Plains, New York 10601 (914) 684-6800 Attorneys for Defendant 3 of 3